Number of Supreme Court judges to rise from 34 to 38
The Union Cabinet approved a proposal to increase the sanctioned strength of Supreme Court judges from 34 to 38 (including the Chief Justice of India), adding four new positions.
The Cabinet cleared the introduction of the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament, which proposes raising the number of puisne judges (excluding the CJI) from 33 to 37.
The decision is aimed at addressing a record pendency of 93,143 cases in the Supreme Court as of March 31, 2026, enabling more benches to hear matters and expedite justice delivery.
The Bill will need to be passed by both Houses of Parliament before the expansion becomes operative.
Article 124 and the Supreme Court (Number of Judges) Act, 1956
Article 124(1) of the Constitution provides that the Supreme Court shall consist of a Chief Justice of India and "such other judges as Parliament may by law prescribe." This design gives Parliament exclusive authority — by ordinary legislation — to fix the court's numerical strength; no constitutional amendment is required.
The Supreme Court (Number of Judges) Act, 1956 is the primary statute that Parliament uses to exercise this power. As originally enacted, the Act capped the strength at 10 judges (excluding the CJI). Every subsequent expansion has been achieved by amending this Act.
Key Details
- Original strength (1950, Constitution): 7 judges (1 CJI + 6 puisne)
- Increased to 10 (excluding CJI) in 1956 by the original Act
- Raised to 13 in 1960; to 17 in 1977; to 25 in 1986; to 30 in 2008
- Most recent expansion before 2026: from 30 to 33 (excluding CJI) in 2019 — total 34 including CJI
- Proposed 2026 expansion: from 33 to 37 (excluding CJI) — total 38 including CJI
The 2026 Amendment Bill follows the same legislative route as every prior expansion — a simple majority amendment to the 1956 Act under Parliamentary authority granted by Article 124(1).
Judicial Pendency and the Case for Expansion
Judicial backlog is a chronic challenge at all levels of India's court system. In the Supreme Court, pendency has grown significantly over the past decade. The apex court's ability to constitute multiple Division Benches and Constitution Benches simultaneously is constrained by its sanctioned strength; vacancies compound the problem further.
Key Details
- Supreme Court pendency: 93,143 cases as of March 31, 2026 (a record high)
- A larger sanctioned strength allows for more simultaneous benches, including larger Constitution Benches for important questions of law
- The 2019 expansion (to 34) was similarly motivated by rising case loads
- India's judge-to-population ratio remains low by global standards, adding pressure to higher courts
The four additional judges are intended to enable the Supreme Court to constitute more benches and reduce case disposal times, particularly for high-priority constitutional matters.
Collegium System and Judicial Appointments
Increasing sanctioned strength is only one part of the equation; appointments must follow through the Collegium system. The Supreme Court Collegium — comprising the CJI and the four most senior puisne judges — recommends names for appointment; the Union Government notifies the appointments. Delays between recommendation and appointment have historically meant that the actual working strength falls short of the sanctioned strength.
Key Details
- Article 124(2): Judges of the Supreme Court are appointed by the President after consultation with such judges as the President deems necessary
- The Collegium system was established through the Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) and the Third Judges Case (1998 Presidential Reference)
- The NJAC (99th Constitutional Amendment) was struck down in 2015, restoring Collegium primacy
- Vacancies in the Supreme Court have often meant fewer working judges than sanctioned
The expansion to 38 will only be effective if appointments are made promptly. A gap between sanctioned and working strength would limit the pendency-reduction benefit.
- Total sanctioned strength after amendment: 38 (1 CJI + 37 puisne judges)
- Current record pendency: 93,143 cases (as of March 31, 2026)
- The 1956 Act has been amended at least six times to increase strength (1960, 1977, 1986, 2008, 2019, and proposed 2026)
- No constitutional amendment is needed — only a simple majority in Parliament
- The Bill must be passed by both Lok Sabha and Rajya Sabha before the expansion takes effect
- India's Supreme Court is among the world's largest apex courts by sanctioned strength